header-logo header-logo

Mental Health

04 April 2014
Issue: 7601 / Categories: Case law , Law digest , In Court
printer mail-detail

TW v Enfield Borough Council [2014] EWCA Civ 362, [2014] All ER (D) 292 (Mar)

As a matter of construction of s 11(4) of the Mental Health Act 1983, when an approved social worker was considering whether it was “reasonably practicable” to consult the nearest relative before making an application to admit a mental patient pursuant to the 1983 Act, the section imposed on the social worker an obligation to strike a balance between the patient’s rights under Art 5 of the European Convention on Human Rights not to be detained unless that was done by a procedure that was in accordance with the law and the patient’s rights under Art 8 to his private life. A patient’s assertion, even if founded on fact and even if reasonable, that consultation would lead to an infringement of her rights under art 8 of the Convention could not, as a matter of law, lead automatically to the conclusion that it was “not reasonably practicable” to consult the “nearest relative”. Nor was an approved social worker’s conclusion that such consultation

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll